Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Guest Commentary on East County fire district: Discrimination is illegal under the law of the land

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By Bryan Scott

Are the children of Brentwood and Oakley worth one-fifth what the children of Orinda and Moraga are worth?

Are the retirees of Brentwood’s Summerset and Trilogy developments worth one-fourth as much as the retirees in Danville and San Ramon?

The East Contra Costa Fire Protection District (ECCFPD) receives $94 in funding per-resident to protect lives and property in East Contra Costa County, while the two fire districts protecting the just mentioned central county areas are funded at $370 and $449, per-resident.

Let that sink in for a moment: $94 versus $370 and $449 per-resident.

The San Ramon Valley Fire Protection District receives $370 of per-resident funding to protect the lives and property of residents in its community, and the Moraga-Orinda Fire Protection District receives $449 per resident to do the same thing.

This is according to Page 32 of the EMS/Fire Services Municipal Services Review of August 3, 2016, prepared for the Contra Costa County Local Agency Formation Commission (LAFCO).

Is this unequal funding of an essential government service fair?  Is it legal?

After all, residents of East Contra Costa pay the same property tax rate as those residents of Central Contra Costa, and all fire districts are primarily funded with property taxes.  Should not the benefits of the California tax laws apply equally to all citizens?

The Fourteenth Amendment to the U. S. Constitution includes this sentence:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

By providing the ECCFPD with such a low level of funding, are we in East County suffering from reduced “privileges or immunities?”   Of course, we are.

The U.S. Supreme Court has ruled that:

“When a state distributes benefits unequally, the distinctions it makes are subject to scrutiny under the Equal Protection Clause, and generally a law will survive that scrutiny if the distinctions rationally further a legitimate state purpose.”   Zobel v. Williams, 457 U.S. 55 (1982)

The California Supreme Court has stated that funding of another government benefit, education, based on geography violates the Equal Protection Clause of the Fourteenth Amendment.

“We are called upon to determine whether the California public school financing system, with its substantial dependence on local property taxes and resultant wide disparities in school revenue, violates the equal protection clause of the Fourteenth Amendment. We have determined that this funding scheme invidiously discriminates against the poor because it makes the quality of a child’s education a function of the wealth of his parents and neighbors. Recognizing as we must that the right to an education in our public schools is a fundamental interest which cannot be conditioned on wealth, we can discern no compelling state purpose necessitating the present method of financing. We have concluded, therefore, that such a system cannot withstand constitutional challenge and must fall before the equal protection clause,” the California Supreme Court said. Serrano v. Priest, 487 P.2d 1241 (Cal. 1971)

The California Health & Safety Code, Section 13801, reads in part:

“The Legislature finds and declares that the local provision of fire protection services, rescue services, emergency medical services, hazardous material emergency response services, ambulance services, and other services relating to the protection of lives and property is critical to the public peace, health, and safety of the state. “

Not only is this difference of funding unfair, it is illegal.  Action needs to be taken to resolve this “public safety emergency,” to use Assembly Member Jim Frazier’s description of the situation.

Lives and property are unfairly at risk, unlawfully at risk.

Brentwood resident Bryan Scott is Co-Chair of East County Voters for Equal Protection, a non-partisan citizen’s action committee striving to improve funding for the ECCFPD.  He can be reached at scott.bryan@comcast.net, or 925-418-4428.  The group’s Facebook page is  https://www.facebook.com/EastCountyVoters/.  

Nov. Planning Workshop ideal time for Brentwood Council to discuss, take action on fire district funding

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By Bryan Scott

The Brentwood City Council has an opportunity coming up, an opportunity to take actions that will improve the safety of the over 60,000 current, and future, city residents.

East County is suffering from a dire public safety emergency due to the underfunding of the regional fire district, the East Contra Costa Fire Protection District (ECCFPD).  The district once had as many as eight stations, but now there are only three, with nine firefighters on duty at any time.

This meager force serves a region of over 249 square-miles, with over 115,000 residents.

Brentwood is conducting a Strategic Planning Workshop/Special City Council Meeting on November 16 and 17 at the Community Center, 35 Oak Street.   Contact Diane Williams, Executive Assistant, City Manager’s Office, at dwilliams@brentwoodca.gov for the agenda and further details.

At this workshop the Council will be working on the city’s Strategic Plan.  The current Strategic Plan includes six Focus Areas, with 19 Goals under these focus areas.  Focus Areas include Infrastructure, Economic Development, Land Use Planning, Community and Neighborhood Services, Fiscal Stability and Operational Management, and Public Safety.

It is during the Public Safety discussions that the City Council can take action to improve the safety of all city residents by deciding to move forward with the investigation and acquisition of additional ambulance hours, through an addendum to the existing County ambulance contract.

The City’s General Plan, which sets the vision for Brentwood, specifies that all emergency calls receive a three-to-five-minute response.  Due to budget cuts and fire station closures the 90% response times provided by ECCPFD for Brentwood are about ten minutes, according to ECCFPD’s September Operations Report.

The global standards agency for the fire services industry is the National Fire Protection Association (NFPA).  After considerable scientific research their NFPA 1710 Standard suggests response times of four or five minutes.

The City Council recognizes the problem.  Earlier this year a Council Fire and Medical Services Ad Hoc Committee recommended that the City spend over $1 million per year for three years to keep a fourth fire station open.  During March and April this Committee worked to move this proposal forward, getting ECCFPD Board approval for the action.

But bowing to a request from the firefighters’ union, and other political pressures, on April 25 the City Council reversed itself.  The issue died without a motion.

The previous Strategic Planning Workshop was held in September, 2015.  That session, too, was held over several days at the Community Center, and the first topic discussed was funding for the fire district.  The Council agreed to set aside $1 million to investigate the situation and do something.

While there has been extensive investigation in the intervening years, nothing has been done to alter the structural funding problem that puts ECCFPD at the lowest allocation rate of all fire districts in the County, even though East County is experiencing the greatest residential and commercial growth.

Residents of Brentwood and East County will have an opportunity to speak at the beginning of the Workshop.  Prior to the Workshop residents should contact their City Council, by phone, by email, or by letter, and tell them that Public Safety ought to be the number one priority of local government.

Yes, engaging with regional transportation partners is important, but is it more important than saving lives?

Yes, maintaining and operating parks, trails and recreation facilities is important, but is it as important as getting an ambulance to a heart attack victim, in time to save a life?

Brentwood residents should make their opinions heard.

The City Council needs to fund an increase in ambulance hours.

It’s what they were elected to do.

Scott is a Brentwood resident and Co-Chair of East County Voters for Equal Protection, a non-partisan citizens action committee striving to improve funding for the ECCFPD.  He can be reached at scott.bryan@comcast.net, or 925-418-4428.  The group’s Facebook page is  https://www.facebook.com/EastCountyVoters/.

Emergency crews rescue man who crashed car down deep embankment in Byron Tuesday evening

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The driver’s vehicle where it ended down the deep embankment off the Byron Highway, Tuesday evening. Photos by ECCFPD.

Transported to trauma center by medical helicopter

By Allen Payton

A man was able to extricate himself from his heavily damaged car after driving it off the Byron Highway and down a 25-foot, steep embankment Tuesday evening about 5:36 p.m. Seven East Contra Costa Fire personnel arrived on the scene and located the man near his car, near Holey Road in Byron.

East Contra Costa Fire personnel prepare driver for transport by helicopter to the trauma center.

According to the report by Battalion Chief Jack Gonzales, the rescue crew “secured the scene with the use of fire apparatus” and the driver “was provided medical aid and packaged in a stokes basket for a low-angle rescue.”

“AMR provided ALS care” to the man who was then “brought up to the roadway and was transferred to REACH3 (helicopter) for transport,” the report further states.

The driver was by himself in the vehicle and sustained “head and chest trauma” and “was transported…to John Muir Trauma Center in Walnut Creek.”

The accident, which backed up traffic on the Byron Highway, is under investigation by the CHP.

Reps. DeSaulnier, LaMalfa introduce bill to recognize Wildland Firefighters

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Washington, DC – Congressmen Mark DeSaulnier (D -CA11) and Doug LaMalfa (R-CA1) issued the following statement after introducing H.R. 3907, the Federal Wildland Firefighter Recognition Act. This bill will direct the Office of Personnel Management (OPM) to allow those who risk their lives fighting wildfires to be called “Wildland Firefighters.”

“Each year in California and around the country dedicated men and women put themselves in harm’s way to prevent, prepare for, and help fight the spread of wildfires. As thousands of acres currently burn in California, these specialized public servants deserve to be appropriately recognized as ‘Wildland Firefighters’ for helping to protect our landscape and the surrounding communities,” said DeSaulnier.

“Due to misguided forestry management practices that don’t allow for thinning and other prevention strategies, our forests are being consumed by wildfires at an alarming rate. Each year, thousands of firefighters risk their lives to protect our forests and property from the spread of these fires. They are known by titles such as ‘Wildland Technician’ and ‘Forestry Technician’ – vague terms that don’t reflect the scope of their duties. H.R. 3907 ensures these men and women are recognized by the proper title and terminology. When a destructive fire spreads quickly through woodlands, we call it a wildfire. When someone fights it, they deserve to be called a Wildland Firefighter,” said LaMalfa.

Since their establishment in 1910, 1,086 wildland firefighters have died protecting American homes, forests and National Parks from wildfires. Despite their dedication, these brave men and women are not able to call themselves Wildland Firefighters. Federal agencies instead use a variety of bureaucratic terms that do not reflect the dangerous work that these personnel do, such as “Wildland Technician” and “Forestry Technician.” H.R. 3907 directs OPM to develop a separate and distinct Wildland Firefighter occupational series for employees whose main duties and responsibilities are preparing for, reducing fuels for, and the suppression of wildfires.

Guest Commentary: East County Fire Board accepts coverage failure in present, future service levels

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By Bryan Scott

Residents of Eastern Contra Costa County are being poorly served by local politics.  It is as clear as the nose on your face, to use a hackneyed cliché, and was illustrated earlier this month at the East Contra Costa Fire Protection District (ECCFPD) Board meeting.

During the month of September ECCFPD had no resources to respond to emergency calls for a total of 16 hours and 33 minutes, it was revealed at the Board of Directors meeting on September 2.

According to the Operational Update, delivered to the Board by Interim Battalion Chief Ross Macumber, six calls came in during this period, and all were calls for medical assistance.

“Sixteen hours and 33 minutes without coverage, that’s a new record for the district,” said Director Joe Young.

Joel Bryant, ECCFPD Board President and Brentwood Vice Mayor, also commented on the situation.

“It’s a bad situation that we’re in,” he said, referring to September’s lengthy time period when 114,000 residents were without ECCFPD fire and emergency medical services coverage.

Six 9-1-1 calls came in during the period when ECCFPD was unresponsive, and all were for medical assistance.  Responses to the calls came from Contra Costa County Fire Protection District (ConFire) and the California Department of Forestry and Fire Protection (CalFire).

The Operational Update does not indicate the locations where these first responders came from, or how long it took to arrive on scene at these medical emergencies.  What impact this delayed response time had on each of the medical outcomes was also not included in the report.

Fire and emergency medical services in East County are funded at just $94 per person, while residents in central parts of the county have the same services funded at rates of $370 and $449 per person, according to a June 2016, LAFCO report. Funds are distributed to government entities based on state law.

The fire district’s low funding rate has caused ECCFPD to cut staff and close fire stations at a time when East County is experiencing significant residential and commercial growth.

A government Task Force and the CCC Grand Jury have both reported extensively on the funding crisis, while Assembly Member Jim Frazier has called the situation a “public safety emergency.”

One solution to the problem is the reallocation of currently collected property taxes.  A recent memorandum prepared by ECCFPD legal counsel outlined the history of other such state-directed funding changes, and found no legal barriers.

But would the Directors of ECCFPD the support such a solution?

All nine members of the Board are appointed by other government agencies that would lose funds, should a reallocation effort be implemented.  Two Board members, President Joel Bryant and newly-appointed Director Susan Morgan, serve on the legislative bodies of other government agencies which receive property tax funds.

President Bryant is the Vice Mayor of the agency that appointed him to the fire board, the City of Brentwood.  And Director Morgan, appointed to the fire board by Oakley, is President of the Ironhouse Sanitary District Board of Directors.

Any funds reallocated to the fire district would come from these, and other, government agencies.  Is there a conflict of interest here?

For six hours and 36 minutes on the Labor Day Holiday, Monday, September 4, when four emergency calls came in, the ECCFPD service area of 249 square-miles was without ECCFPD coverage.

And yet at the October ECCFPD Board meeting, over two and one-half hours in duration, no discussion of ways to improve funding took place.

Just how interested in improving district funding is this Board?

Brentwood resident Bryan Scott is Co-Chair of East County Voters for Equal Protection, a non-partisan citizens action committee striving to improve funding for the ECCFPD.  He can be reached at scott.bryan@comcast.net, or 925-418-4428.  The group’s Facebook page is  https://www.facebook.com/EastCountyVoters/.  

Brian Helmick named Chief of East Contra Costa Fire Protection District

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ECCFPD Fire Chief Brian Helmick.

The Board of Directors of the East Contra Costa Fire Protection District is pleased to announce that Brian Helmick has accepted an offer to serve as Fire Chief, effective immediately.

At its meeting on October 2, the East Contra Costa Fire Protection District Board of Directors voted unanimously to offer the permanent Fire Chief position to Helmick, who has been serving as Interim Fire Chief since March 31, 2017.

Chief Helmick started with the District as a firefighter in 2002. Chief Helmick successfully worked through the ranks and was promoted to Battalion Chief in July 2006, serving as the District’s Operations Chief leading up to his appointment as Interim Fire Chief.

Chief Helmick has offered the following statement on the appointment:

“I am honored and privileged to assume this role, to serve the Board and this community, and to lead and work alongside the firefighters and other hard-working professionals who provide fire and emergency response in this District every day and every night. I am honored that the Board has placed its trust in me – and in the support my family will provide to me as I take on this role in a permanent capacity. This is a tremendous opportunity and I do not take the responsibility lightly.”

“I look forward to working with the Board and the community to develop and implement a plan to provide even better fire services to this community, which I, too, call my home,” Helmick added.

“I am thrilled that Chief Helmick has accepted this position,” said Board President Joel Bryant. “It has been gratifying and immensely encouraging to see Chief Helmick’s development over these last 15 years, and especially over the last six months he has served as our Interim Chief. Today is a very good day for the District, and I expect many more good days under Chief Helmick’s leadership.”

The economic terms approved by the Board of Directors on March 6, 2017 for Helmick’s service as Interim Chief will remain in place while the District and Chief Helmick negotiate a new employment agreement, which will be presented for Board approval in the coming months.

For more information about the district visit www.eccfpd.org.

East Contra Costa Fire partners with CA Fire Foundation to supply aid to victims in emergency

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ECCFD Chief Brian Helmick

By ECCFPD Fire Chief Brian Helmick

The East Contra Costa Fire Protection District (ECCFPD) is pleased to announce it will now be able to lend residents a helping hand after disaster strikes.

In partnership with the California Fire Foundation who has launched the Supplying Aid to Victims of Emergency (SAVE) Program, Chief Officers of the ECCFPD can now provide emergency financial assistance to fire and natural disaster victims. The goal is to provide immediate short-term support in the aftermath of a fire or other natural disaster which displaces victims.

“As a fire district, one of our core values is trying to help people in their time of need whenever and however we can. The SAVE Program allows us to provide help to our residents that are impacted by a substantial incident,” said Fire Chief Brian Helmick. “We are proud to now be participating in this valuable program that enhances the services we provide to our community after an incident.”

Working with the SAVE Program, the ECCFPD will distribute gift cards in amounts of up to $100, to eligible victims of a fire or natural disaster so they may purchase basic necessities such as food, clothing or medicine.

Under the program, a disaster includes: fire, flood, earthquake or landslide/mudslide. The financial support will allow victims of these disasters to purchase food, water, over the counter prescription medication, gas, shelter, clothing, or basis household necessities.

“As firefighters, we realize once a fire is out and all life safety hazards are removed our job is done. With that said, we are always looking for opportunities to do more. This program allows us to do that by providing direct assistance to our community members who are need. It is great to be able to provide more support once a fire is out,” said Chief Helmick.”

The ECCFPD has joined more than 75 fire departments across California in the SAVE program. The SAVE Program is funded by donations to the California Fire Foundation and Corporate Sponsors.

To learn more or to make a tax-deductible donation, please visit www.cafirefoundation.org.

You can visit us on the Districts website, www.eccfpd.org or through our social media pages on Facebook (East Contra Costa Fire Protection District), Instagram (@east_contra_costa_fire) , Twitter (@eccfpd ) and our YouTube channel (East Contra Costa Fire Protection District) for more information on the Fire District.

ABOUT THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT: The East Contra Costa Fire Protection District spans 249 square miles and our firefighter/EMTs serve more than 110,000 residents in the Cities of Brentwood and Oakley, the Town of Discovery Bay, the communities of Byron, Bethel Island and Knightsen, the Marsh Creek/Morgan Territory area, and all other areas within unincorporated Contra Costa County to the east of Antioch and to the southeast of Clayton

Guest Commentary: Even with “found money” fire district is a local emergency

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By Bryan Scott

The announcement of the recent discovery of $6.2 million of taxpayer money by the East Contra Costa Fire Protection District (ECCFPD) is yet another indication of the structural under-funding problem that has plagued the fire district for years.

Over six million dollars of operating funds, enough to run two fire stations for a year each, simply fell through the cracks of the fire district’s bookkeeping efforts.

The underlying cause of this calamity is that the ECCFPD, both management and Board of Directors, failed to competently run a fire district.  The fire district failed to keep track of the public’s money.

It is clear that appropriate accounting oversight has not been in place.  It is not enough that the volunteer firefighter-turned-Fire Chief took on these chores, helped by an Administrative Assistant and a volunteer Board of Directors Finance Committee.

With the closing of fire stations, the increasing visibility of unfunded liabilities to retirees, and the cutting back on services to the public, the fire district management and oversight Board funneled all available funds towards firefighters.  They failed to realize that it takes more than firefighters to run a fire district.

It takes someone to keep track of a very complex set of accounting books, too.

And, to add insult to injury, the public was treated to an August 11 article in the Brentwood Press entitled, “Unanswered fire calls increase in July,” emphasizing the failure of government leadership.

According to the story, the residents of the ECCFPD service area were without a responsive fire department for 15 hours during July. During this time thirty-one 9-1-1 calls received no response from ECCFPD.

The residents of Brentwood, Oakley, Discovery Bay, Knightsen, Bethel Island and the surrounding areas have an increased likelihood of death and injury, and homes and property are at increased risk, because of government’s failure.

The Grand Jury of Contra Costa County states this fact in its June Report 1706, “Funding the East Contra Costa Fire Protection District.”

As far back as 2015, two years ago, a government task force called the fire and emergency medical services level “inadequate.”

The Fire Chief needs to declare a “Local Emergency” under the California Emergency Services Act.  Our California Legislature wrote this law as a tool for public servants when they find themselves is a situation where they are unable to provide adequate public services.

An area of 249 square-miles of Eastern Contra Costa County is clearly in a “Local Emergency” situation, experiencing conditions of extreme peril to the safety of persons and property.  These conditions are beyond the control of the services, personnel, equipment, and facilities of ECCFPD, and require the forces of other government agencies.

In addition to this elevated risk to life and property, area property owners are beginning to be hit with increased insurance premiums.  Some homeowners are seeing insurance premiums increase by 200% from just a few years ago.

It is time our Sacramento legislative representatives, Assembly Member Jim Frazier and State Senator Steve Glazer, change the property tax allocation rate so that East County fire services are funded at a rate that’s comparable to other parts of the county.

Call or email Assembly Member Frazier and State Senator Glazer and tell them to fix this problem.

Adequate funding for fire and emergency services needs to be provided before more people die, and more homes burn down.

Brentwood resident Bryan Scott is Co-Chair of East County Voters for Equal Protection, a non-partisan citizens action committee striving to improve funding for the ECCFPD.  He can be reached at scott.bryan@comcast.net, or 925-418-4428.  The group’s Facebook page is  https://www.facebook.com/EastCountyVoters/.  

Frazier to put hold on East Contra Costa Fire funding bill after audit finds $6.2 million in unused funds

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SACRAMENTO – Assemblymember Jim Frazier (D-Discovery Bay) on Monday released the following statement after the East Contra Costa Fire Protection District revealed that an internal audit, overdue by three years, found $6.2 million in operating funds that Fire Board members apparently did not know existed.

“While East Contra Costa Fire Protection District’s discovery of an additional $6.2 million is positive news for residents, it also raises some very troubling questions.  I am pleased that my East County constituents will be better protected in the short term with unexpected new funds to improve fire service. But I ask the following: How did the District not know it had $6.2 million in surplus funds – especially when it had repeatedly asked residents to increase their taxes to pay for improved fire service?

The discovery of these funds, while it does represent a sizable percentage of the District’s yearly operating budget, does nothing to solve ECCFPD’s long-term funding problem.  All of us who call East County home have been and continue to be concerned about keeping families and property safe. As an East County resident and as your representative in the State Assembly, I authored AB 898 as one method of identifying funds to improve fire safety and emergency medical response – a solution that did not rely in any way on raising taxes. I can see that there is much more work to be done to get the District’s finances stabilized and on track.  Given this revelation, I am placing a hold at this time on moving AB 898 forward.

I will remain open to helping ECCFPD any way I am able once we know more about what this audit found, and what future mandated audits may find, in order to evaluate and reassess the district’s financial situation.”